NYC Misdemeanor Lawyers

Understanding Misdemeanors, Violations, and Felonies

The legal system of US categorizes offenses into three: infractions, misdemeanors, and felonies. Felonies are the most severe crimes which often involve serving a term in the federal or state prisons while the least serious are infractions which include traffic tickets and fines. Many offenses fall under the misdemeanor category. Note that misdemeanors vary from one state to the other; a felony in New York could be a misdemeanor in another state and vice versa. In New York, misdemeanors are considered a lesser criminal act or acts of lower offense. This is anything from shoplifting to disorderly conduct.

After being charged with a misdemeanor of any kind, an attorney can assist in presenting the evidence that you have to the court before you’re sentenced. Since a misdemeanor isn’t as severe as a felony, there are a few different ways that the consequences can play out in court. Your criminal background and the nature of your crime can often be factors when the court determines your sentence. Keep in mind that even a minor misdemeanor charge and conviction could have significant impacts on your personal and professional life, which is why you want to handle the charges with the assistance of an attorney.

Violations vs. Misdemeanors

If you are charged with a violation, you could still face significant consequences. However, you likely won’t spend time in jail. Instead, you will usually be placed on probation or be sentenced to community service or classes that relate to your charges. Even though a violation isn’t as severe, you still need to deal with it as soon as possible without neglecting the possible consequences that you could face. Some violations could remain on your criminal record even if you don’t serve any time in jail, which is why you need to carefully consider how you plead to the violations that you face.

Domestic violence violations often stay on your record and can impact various areas of your life. You could also spend up to 15 days in jail after being charged with a violation even though it’s not a crime like a misdemeanor or a felony and even though the actions that you committed aren’t as severe. A violation is the least severe of the charges that you could receive. Harassment and disorderly conduct are some of the common charges that are considered violations. There are also numerous types of traffic violations that you would need to go to court to handle including speeding and driving with an expired registration.

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Legal Scenario: What Would You Do?

Scenario

You were arrested after a bar altercation in Manhattan and charged with assault in the third degree, a Class A misdemeanor. The other person had minor bruises, and now you're facing up to a year in jail and a permanent criminal record that could affect your career.

What are my realistic options for fighting this misdemeanor charge or getting it reduced?

Attorney's Answer

Under New York Penal Law § 120.00, assault in the third degree is a Class A misdemeanor carrying up to one year in jail, three years of probation, and a fine up to $1,000. An experienced NYC misdemeanor lawyer can often negotiate a reduction to a violation such as harassment in the second degree under PL § 240.26, which is not a criminal offense and would leave you without a criminal record. We may also pursue an adjournment in contemplation of dismissal (ACD) under CPL § 170.55, which results in the charge being sealed and dismissed after six months if you stay out of trouble. The key is acting quickly to gather witness statements and any surveillance footage before evidence disappears.

This is general information only. Contact us for advice specific to your situation.

Classes of Misdemeanors

There are a few different classes of misdemeanors to consider. There are no separate classes regarding violations, but the court will usually look at the severity of the crime and what you were doing at the time the incident occurred.

Class A Misdemeanors